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The State of Texas The State of Texas Executive Division Phone: 512-463-5770 Capitol Building, I E,8 Fax: 512-475-2761 p,o, Box 12697 Dial 7-1-1 For Relay Services Austin, Texas 78711-2697 WWW.sos.state.tx.us Hope Andrade Secretary of State June 7, 2011 Amberton University Dr. Melinda Reagan President 1700 Eastgate Drive Garland, TX 75041 Dear Dr.Reagan: Enclosed is an official copy of House Joint Resolution 130, as passed by the 82 nd Legislature, Regular Session, 2011, of the State of Texas, In this resolution, the 82nd Legislature says that the State of Texas is meeting requirements of the United States Department of Education concerning federal student aid by naming private institutions of higher education in the State of Texas that are authorized to operate educational programs beyond secondary education, including programs leading to a degree or certificate The 82nd Legislature of the State of Texas also requests that this resolution be officially entered in the Congressional Record as a memorial to the Congress ofthe United States. Sincerely, Hope Andrade Secretary of State HA:js H.J.R. No. 130 A JOINT RESOLUTION 1 meeting requirements of the United States Department of Education 2 concerning federal student aid by naming private institutions of 3 higher educat ion in the State of Texas that are authorized to 4 operate educational programs beyond secondary education, including 5 programs leading to a degree or certificate. 6 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: 7 WHEREAS, On October 29, 2010, the United States Department of 8 Education released Final Regulations on Program Integrity Issues in 9 an effort to strengthen federal student aid programs at 10 postsecondary institutions ~ one provision seeks to clarify the 11 minimum a state must do to authorize a postsecondary institution so 12 that the institution is able to participate in federal student aid 13 and other federal funding programs I and 14 WHEREAS, Specifically, 34 C.F.R. Section 600.9 was amended to 15 require that postsecondary institutions be "established by name as 16 an educational institution by a State through a charter, statute, 17 constitutional provision, or other action" and that they be 18 "authorized to operate educational programs beyond secondary 19 education, including programs leading to a degree or certificate", 20 and 21 WHEREAS, Section 61.003, Texas Education Code, cites state 22 universities by name and Section 61.063, Texas Education Code, 23 establishes a process for naming public community colleges, but 24 state law regards private institutions of higher education 1 H.J.R. No. 130 1 differently; and 2 WHEREAS, Rather than naming them, Sect ion 61.003, Texas 3 Education Code, defines "private or independent institutions of 4 higher education" as those institutions organized under the Texas 5 Non-Profit Corporation Act, now part of the Texas Business 6 Organizations Code, that are exempt from taxation under Article 7 VIII, Section 2, Texas Constitution, and Section S01(c)(3), 8 Internal Revenue Code of 1986, and that are accredited by the 9 Commission on Colleges of the Southern Association of Colleges and 10 Schools, the Liaison Committee on Medical Education, or the 11 Amer ican Bar Association; and 12 WHEREAS, Such institutions are exempt from Section 61.301, 13 Texas Education Code, which provides for the It regulation of private 14 postsecondary educational institutions," because they are 15 accredited by an accrediting agency recognized by the Texas Higher 16 Education Coordinating Board; and 17 WHEREAS, The state is home to many institutions covered by 18 Section 61.003, Texas Education Code, some of which have educated 19 students since the mid-lBOOs, and all of which have been in 20 operation for at least 20 years; each is eligible to participate in 21 one or more state-funded student financial aid programs subject to 22 audit by the Texas Higher Education Coordinating Board, and those 23 that participate in such programs provide· student enrollment and 24 graduation data to the coordinating board for accountability 25 purposes; moreover, consumer complaints about the institutions can 26 be made to the Office of the Attorney General, consumer protection 27 division, and complaints concerning financial impropriety and 2 H.J.R. No. 130 1 ethical misconduct can be made to the Office of the Attorney 2 General, charitable trust division1 and 3 WHEREAS, The state's priyate postsecondary educational 4 institutions include: Abilene Christian University, Amberton 5 University, Austin College, Baylor University, Baylor College of 6 Medicine, the College of St. Thomas More, Concordia University 7 Texas, Dallas Baptist University, East Texas Baptist University, 8 Hardin-Simmons University, Houston Baptist University, Howard 9 Payne University, Huston-Tillotson University, Jacksonville 10 College, Jarvis Christian College, Le Tourneau University, Lon 11 Morris College, Lubbock Christian University, McMurry University, 12 Our Lady of the Lake University, Parker University, Paul Quinn 13 College, Rice University, St. Edward's University, St. Mary's 14 University. Schreiner University. Southern Methodist University, 15 South Texas College of Law, Southwestern University, Southwestern 16 Adventist University. Southwestern Assemblies of God University, 17 Southwestern Christian College, Texas Chiropractic College, Texas 18 Christian University, Texas College, Texas Lutheran University, 19 Texas Wesleyan University, Trinity University, University of 20 Dallas, University of the Incarnate Word, University of Mary 21 Hardin-Baylor, university of St. Thomas, wayland Baptist 22 University, and Wiley College 1 now, therefore, be it 23 RESOLVED, That the 82nd Legislature of the State of Texas 24 hereby notify the United States Department of Education that the 25 aforementioned colleges and universities are authorized in the 26 State of Texas to operate educational programs beyond secondary 27 education, including programs leading to a degree or certificate, 3 H.J.R. No. 130 1 and that therefore the State of Texas has met the conditions of 34 2 C.F.R. Section 600.9; and, be it further 3 RESOLVED, That the Texas secretary of state forward official 4 copies of this resolution to the secretary of education, to the 5 president of each college and university named, to the president of 6 the Senate and the speaker of the House of Representatives of the 7 United States Congress, and to all the members of the Texas 8 delegation to Congress with the request that this resolution be 9 entered in the congressional Record as a memorial to the Congress of 10 the United States of Amer ica. 4 H.J.R. No. 130 President of the Senate I certify that H.J.R. No. 130 was adopted by the House on May 3, 2011, by the following vote: Yeas 145, Nays 0, 1 present, not voting; and that the House concurred in Senate amendments fo H.J.R. No. 130 on Kay 21, 2011, by the following vote: Yeas 141, Nays 0, 2 present, not voting. 5 H.J.R. NO. 130 I certify that H.J.R. No. 130 was adopted by the Senate, as amended, on May 18, 2011, by the following v APPROVED: 17 --'UN 'II Date ~~) 6 The State of Texas Executive Division Phone: 512-463-5770 Capitol Building, 1E.8 Fax: 512-475-2761 P.O. Box 12697 Dial 7-1-1 For Relay Services Austin, Texas 78711-2697 WWW.sos.state.tx.us Hope Andrade Secretary of State The Honorable Melinda Reagan Amberton University 1700 Eastgate Drive Garland, TX 75041 Dear President Reagan: Enclosed is an official copy of House Concurrent Resolution 129, as passed by the 82nd Legislature, Regular Session, 2011, of the State of Texas. In this resolution, the 82nd Legislature of the State of Texas is notifying the United States Department of Education that the career schools or colleges that are established and authorized to operate as an educational institution by the State of Texas by actions issued by an appropriate state agency, including the Texas Workforce Commission or the Texas Higher Education Coordinating Board, are legally authorized by the State of Texas to operate educational programs beyond secondary education, including programs leading to a degree or certificate, and that therefore the State of Texas has met the conditions of34 C.F.R. Section 600.9. The .82nd Legislature of the State of Texas also requests that this resolution be officially entered in the Congressional Record as a. memorial to the Congress 0 f the United States. Sincerely, Hope Andrade Secretary of State .' HA:js / H.C.R. No. 129 HOUSE CONCURRENT RESOLUTION 1 WHEREAS, On October 29, 2010, the United States Department of 2 Education released Final Regulations on Program Integrity Issues in 3 an effort to strengthen federal student aid programs at 4 postsecondary institutions, and one provision seeks to clarify the 5 minimum a state must do to authorize a postsecondary institution so 6 that the institution is able to participate in federal student aid 7 and other federal funding programs; and 8 WHEREAS, Specifically, 34 C.F.R. Section 600.9 was amended to 9 require that a postsecondary institution "is established by name as 10 an educational institution by a State through a charter, statute, 11 constitutional provision, or other action issued by an appropriate 12 State agency or State entity and is authorized to operate 13 educational programs beyond secondary education, including 14 programs leading to a degree or certificate"; and 15 WHEREAS, Texas law auth~rizes career schools or colleges to 16 operate educational programs beyond secondary education, including 17 programs leading to a degree or certificate I and 18 WHEREAS, Section 61.003, Education Code, cites state 19 universities by name, and Section 61.063, Texas Education Code, 20 establishes a process for naming public community colleges, but 21 state law regards private institutions of higher education and 22 private career schools or colleges differently; and 23 WHEREAS, Rather than naming them, Section 132.001, Education 24 Code; defines "career school or college" as "any business 1 H.C.R.
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